Will Disputes

The laws that relate to disputing a will are very complex. A will can be challenged in one of the following circumstances:

1. Lack of capacity

There is a presumption that a person making a will is of sound mind unless it can be proved otherwise. To successfully challenge a will on the
basis of unsound mind, the following needs to be proved:

2. Undue influence

The following elements must be satisfied when challenging a will on the basis of undue influence:

Undue influence is the most difficult fact to establish. The most crucial element of undue influence is to establish the use of coercion. To do
this, the Court usually requires the witnesses to the signing of the will to give evidence regarding the methods of coercion used on the deceased.

3. Fraud

The circumstances in which fraud can arise include the following:

To establish fraud, all of the following elements must be satisfied:

We understand that losing a loved one is a very difficult and emotional time. Going through legal action can add to the stress but the team at
Streeterlaw Sydney lawyers will help and support you through this challenging time and achieve a fair result for you. All contested applications
need to be made within 12 months from the date of death, so it’s important you take action as soon as possible.

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